ULTIMATE SECURITY LTD VS T RAILWAYS LTD COMM CASE NO

ULTIMATE SECURITY LTD VS T RAILWAYS LTD COMM CASE NO

The defendant, by filing a written statement of defense and not making a formal application for stay before taking any step in the proceedings, lost the right to rely on the arbitration clause and cannot sustain the preliminary objection.

Citation
ULTIMATE SECURITY LTD VS T RAILWAYS LTD COMM CASE NO
Parties
Plaintiff: Ultimate Security Limited; Defendant: Tanzania Railways Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2012
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Preliminary Objection, Arbitration Clause, Stay of Proceedings, Jurisdiction
Source Language
English
Civil Procedure Arbitration Preliminary Objection Arbitration Clause Stay of Proceedings Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Ultimate Security Limited

Plaintiff

Tanzania Railways Ltd

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is premature due to non-invocation of arbitration process as per contract clause
  2. 2 Whether the defendant's preliminary objection is properly before the court

Ratio Decidendi

The defendant, by filing a written statement of defense and not making a formal application for stay before taking any step in the proceedings, lost the right to rely on the arbitration clause and cannot sustain the preliminary objection.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Objection dismissed with costs